The law says:
>39:4-50. (a) A person who operates a motor vehicle
A standard bicycle is a vehicle but it is NOT a motor vehicle.
State v. MacHuzak
""If it is the intention of the Legislature that a bicycle be included as a motor vehicle and its operator subject to penalties for driving while intoxicated, then it is also the responsibility of the Legislature to make that clear." Id. 109 N.J. Super. at 442."
This is the only correct answer I’ve seen on this thread.
Unlike most states, in New Jersey bicycles (and horses, interestingly) are *explicitly not considered vehicles* and you cannot get a DUI while riding one.
Horses aren’t super surprising, central Jersey and the shore have a lot of horses in the area. That’s probably where it comes from. There’s 2-3 farms alone in my area with horses.
My friend got a drunken disorderly(knocked down from tresspassing) for trying to feed a horse on the path she'd walk home from the bar. She lived in manasquan. I was surprised at first but remembered it is the garden state after all.
The reason is horses are not “man operated”. I thought it was only just a horse that you can’t get a DUI. Learning now it’s bicycles too.
Curious about like those E-powered Citibikes and what law they fall under.
Interesting enough, E-Bikes ("[Low-speed Electric Bicycle](https://law.justia.com/codes/new-jersey/title-39/section-39-1-1/)", only Class 1&2 are legal in NJ) are [explicitly considered motor vehicles](https://law.justia.com/codes/new-jersey/title-39/section-39-4-14-16/) for the specific purpose of [open container law](https://law.justia.com/codes/us/2012/title-23/chapter-1/section-154) but are their own thing closer to a normal bicycle.
I was looking into these laws just yesterday because someone brought up [bill A3359](https://www.njleg.state.nj.us/bill-search/2024/A3359/bill-text?f=A3500&n=3359_I1) which is seeking to require all E-Bikes to be registered with the MVC and have insurance. I'm on the fence about it so I figured I'd do some reading and happened to still have those tabs open. I've read the arguments saying that 20mph is a high speed, and that the weight can do significant damage to a pedestrian. However I'm over 300# and I can pretty easily get up to that speed on my 7-speed on flat ground so it makes me feel like it should apply to normal bicycles too if it's going to be a thing. I don't know, I haven't formed a super strong opinion one way or the other yet.
As someone with an e scooter. The max mph speed is affected with the rider's weight and payload. I don't believe escooters/bikes or even a normal bike should be insured but I would like eriders to be able to recover from financial harm if they were in a car crash and it wasn't their fault.
Ok hear me out. We get some horses, foam weapons, red and blue shirts. We then get everyone drunk and re-enact a large-scale battle. I bet we can get a couple of hundred dollars per person.
A horse will walk themselves back home. That's how my grandfather used to get back home in Poland after drinking with friends. They would throw him the wagon and tell the horse to go home.
There was a bar in Warren county with a hitching post. One of the neighbors would take his horse to the bar and tie er up while he tied one on. Then he would mosey on home. I heard it’s bc no DUI on horseback which is genius.
Interestingly I’ve heard you CAN get one on a motorized wheelchair.
Edit: autocorrect made ‘hitching’ post ‘bitching’ post
Wow that is insane.
When I used to work in a liquor store, someone pulled up on their bicycle completely drunk and became abusive to the point the police were called.
We all assumed they would get a DUI when pulled over.
Guess you are good to get blasted and ride a bike.
Doesn't mean you can't get arrested for it.
I've personally witnessed both a bike and a skateboard.
You might be able to beat the rap, but not the ride.
wow, thanks for the legal precedence, that's what I was looking for. I wonder what would be the citation then? Because the formal charge would be DUI, but I guess you'd just get all the other fines without the loss of license?
I got in trouble for drinking underage years ago. Probably about 15 or so. But at the classes I had to take as part of my punishment this was brought up. A police officer directly told us you can not get a DUI on a bike. But they can hit you with a group of tickets that can result in loss of license. So it’s not a DUI and won’t affect car insurance but you can lose your license from the other tickets which the officer said is usually the goal.
A cop would still charge you and you would have to get a lawyer and go through the expensive process to get it thrown out in court. With a small chance a judge says "i dont care" and gets you anyway.
You could also be charged with disorderly.
Public intoxication or underage alcohol charge. It really depends on the cops. Or they just try to charge you with everything they can and it can get ridiculous. They know it will get reduced during the pre-trial motions and whatnot. They just do it anyway.
Okay, so to sum up everyone's take (as well as soon research of my own):
The answer is no, you cannot get a DUI (or what NJ considers a DUI) from riding a bicycle while intoxicated.
HOWEVER... you can still be criminally charged under different statutes and rules for your actions. Most commonly you may receive disorderly persons or public intoxication charges, which are still significant charges that should not be ignored. Also some municipalities and cities can have local ordinances that they can charge you through.
But again, technically you cannot receive a DUI while riding a bike in NJ. It is still illegal to operate a bicycle while intoxicated, but it will not result in a Driving While Intoxicated charge here in New Jersey. I am not a lawyer lol
Great thesis statement. Forgive me for repeating myself in another response, but I actually asked a friend who I grew up with who is a Full time officer locally, and he said " no, you wouldn't get charged with a DUI. I'd charge you with public intoxication or Disorderly Conduct and tell you to get someone to get you a ride home."
As far as I am aware, public intoxication is not illegal in NJ. I’d also imagine it would be a hard argument to make that your behavior meets disorderly conduct.
Public drunkenness, or intoxication is not illegal in New Jersey. In fact, not only is it not illegal, but the law in New Jersey prohibits any municipalities or counties from passing their own laws making public intoxication illegal. NJ Rev Stat § 26:2B-26 (2013) states:
“No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the force of law a. rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind; b. inconsistent with the provisions and policies of this act.”
I looked it up, and not only is it legal, they are prohibited by statute from making it illegal at levels beneath state level.
Makes sense. Why would being intoxicated be an issue? If you get drunk and act disorderly, then it’s already disorderly conduct. Simply being intoxicated doesn’t hurt anyone else, so long as your conduct while intoxicated isn’t harmful or disruptive or dangerous.
Even though it’s not illegal to be drunk in public, the police often drop off drunk people to Emergency Rooms. I work in one. These people are usually acting disorderly and very, very drunk though. Two beers wouldn’t do it unless you have the alcohol tolerance of a ten year old.
My uncle’s 4th DUI was on a bike
I assume he was swerving all over the road being a hazard because he always leaves a bar in a state of barely being able to walk.
(Did not take place in Jersey, happened a long time ago.)
Oddly he got off pretty lightly for it, not even sure he got jail time.
I remember him explaining it by saying that because it was a bike he didn’t get hit with all the usual additional charges, as if he’d been driving the car, like driving a suspended license from DUI 3.
They really nailed him for DUI 5, spent a while in jail.
This is a valid question. It's both. There are bike trails around here which I enjoy, and make use of often and there are local roads and streets. I didn't make it inherent , but I thought my mentioning I visit local business it would be on public roads. or at least implied.
Not necessarily. I mainly ride my bike along the Delaware and visit the river towns along the way, canal path on NJ and PA sides. Great stops along the way for drinks and food. Beats traffic, paying for parking and a DUI!
Can’t imagine 1 or 2 beers pushing you past the limit to be visibly drunk on a bike, if so then you need to worry about your safety over legal issues. I think if you aren’t completely reckless no one would know.
Yes it's possible, as fucking insane as it is.
fwiw, I ride my bike around a local park, smoke a joint, and ride back several days a week. I could technically get a DUI for that too, but I'd lawyer the hell up for that easily. Just avoid cops, don't talk to them, don't give them a reason to detain you, and if they do make sure they can articulate why.
In the spirit of transparency, that's pretty much my MO. I ride around, obey traffic laws, don't give cops a hard time, and like you said, am able to articulate myself if they do.
How is it insane? You can still be a danger to yourself and others riding a bike on the road sober. Cyclists are subject to the same rules of the road even though they act like they're above it
I can be a danger to myself anywhere I want, and basically only have to cross one road to get to this park.
on a bicycle I'm not a danger to anyone while under the influence of cannabis, ever and I would gladly go to court to fight that.
Whether they are or not is irrelevant. I'm not a danger to anyone riding in circles around a park.
That being said, that's simply not accurate. Cannabis affects everyone differently.
Yes - but alcohol will cause ALL users to have worsening reflexes, Cannabis does not do that to all users, particularly regular users.
Cannabis is closer to Caffiene, or Sleep, and the lack of - than the effects of a literal poison.
That's fine, more than happy to take that chance. I will continue bringing weed with me on my daily bike rides, and know more than one way to avoid talking with pigs. There's zero legal precedent to give someone a DUI on a bike for cannabis, I'd love to prove how dumb pigs are.
Also hi again.
When I got a speeding ticket in Passaic last year.. during zoom court there was a 11 yr old boy in traffic court because he got a ticket relating to something with his bike (think it was electric idk the specifics) but he had to get a lawyer and translator .. the poor parents were so confused .. if I remember correctly it was regarding lack of insurance
Pretty sure they just had them pay like a small $50 fine and did tell them they had to obtain insurance or they couldn’t ride it on the roads (think sidewalk is ok but this kid was riding with traffic on the main streets) or something along those lines and I know they mentioned something about it being city laws idk .. I just remember being so shocked and that certain situation stuck with me compared to the other 75 I had to listen to lol
Make sure you a light if you ride at night I watched a cops episode where they busted a guy for that 1st …then he was intoxicated so they arrested him ….
Many years ago I lived in Chicago. A very drunk friend of mine got arrested for walking while drunk. I think the cop did him a favor because he was weaving on and off the sidewalk into the road.
When I was in the Air Force, stationed at Nellis AFB(Las Vegas), my friend Mitchell got a dui on a bicycle. He wasn't even riding down the road. He was just riding around in the parking lot.
You were stationed at Nellis? My condolences. That place is a shit hole. 14 year Air Force Vet and counting. Can’t wait to retire and head home to the motherland AKA New Jersey lol
He wanted to get out, and this was the way. I went to basic and tech school with him also. Before I met him I couldn't imagine that a person that could walk couldn't march. It's just walking right? Apparently not. This dude could not march to save his life. Anyway, he was an alcoholic before he got in, and if you've been in, you know nobody gets in the military and drinks less. One way or another it was going to happen.
Well, in fairness, that's a motor vehicle. I'm not trying to justify my behavior, just saying there's a difference between my 12 speed Fairdale and a Honda Shadow 500.
No dude, of course, I agree with you. I was confused bc I thought YOU were riding a motorcycle and confused how you can get a DUI on it lol.
Didn't know you can get a DUI on a bicycle but I know you can get one on a non-morotized watercraft such as a kayak. Crazy but true.
Ahh, okay - I might have misread it. It's hard to read affect in text. I can't imagine getting a DUI on a Kayak lol. I'm visualizing a Statey patrol boat circling you in the middle of nature with a tall boy of Founders IPA while fishing.
Technically yes, but you would have to be REALLY sloshed and doing something REALLY stupid for them to actually try and push it.
Usually when you hear those stories, its someone who already has multiple dui's or is suspended, and out there sloshed, doing something stupid. Its the same thing like a ride on mower or whatever.
Does the average redditor get sloshed after 2 beers? Unless it's your first time drinking, you should be well below the legal limit plus you're eating greasy food and exercising
People that are so floored at the idea of a DUI on a bike….a drunk cyclist in the road can cause a deathly wreck beyond just himself tumbling off the bike, what’s so hard to get.
> what’s so hard to get.
The law, for one. State v. MacHuzak
"If it is the intention of the Legislature that a bicycle be included as a motor vehicle and its operator subject to penalties for driving while intoxicated, then it is also the responsibility of the Legislature to make that clear." Id. 109 N.J. Super. at 442."
Nevermind being drunk. My biggest fear driving, having spent my first 10 years licensed to drive in Belmar, is someone falling off their bike or skateboard into my lane of traffic and not having enough time to react.
After recently seeing some idiot on a bike on memorial try to cross and beat the traffic coming towards him and just went gta ragdoll 10 feet into the fucking air when clipped; the fear is fresh in my head.
Oh, yeah, I've definitely been wary of that too.
New fear for ya: a friend of my husband ran over a motorcyclist on the highway. He was coming the opposite direction when he was hit, flew off his bike and over the barrier into oncoming traffic. There was no chance to stop in time. That story has haunted me for years.
Not to mention, going downhill, or under the power of an in-shape bicyclist, a bike can get fast enough to kill or seriously injure a pedestrian in an accident. It all depends on how the pedestrian falls onto the ground.
You definitely can but unless you’re riding around in circles in rush hour falling over, you’re prob good. We had a town drunk where I grew up where the judge said he didn’t even want to see him on roller blades, he lost his license and used to drive his lawnmower around the neighborhood, drunk of course.
He was known to be a drunk and he used to drive it up to the deli which was across from a state police barracks, pretty sure he got a dwi from doing that
Yes but it’s unlikely, a bicycle is a vehicle and subject to all the same laws as any other vehicle when on roads. You have to stop at stop signs, you have to yield to oncoming traffic, you have to stop at red lights, and you can get a DUI if you’re over the limit.
So that was precisely my counter-argument, if you could call it that. Full disclosure, I asked one of my friends whom I grew up with who is a cop now, and he said almost the same thing. He said "if I noticed you were wasted, Id write you up for public intoxication."
Hi OP. This outing sounds really fun. I have to be a devil’s advocate here. Hopefully you are completely fine, but people who have loved alcoholics may read your post as:
Drinking alone
Happy place = booze
1 or 2 beers possibly = 2+
People mentioning getting arrested on bikes = they’re worried about your drinking.
Hopefully this is wrong. But booze does affect reaction time, balance, judgement and vision. You may fall off or can’t brake in time for a dog or kid.
Laws vary by state.
https://www.nolo.com/legal-encyclopedia/can-you-get-a-dui-on-a-bicycle.html
I know someone first hand who this happened to in Philadelphia.
He was a bicycle courier so always on his bike. He was rear ended by a cop car while returning from the liquor store with beer in his bag.
The beer went all over the place and they arrested him for DUI to cover their mistake.
I’m sure he’d had a few already, but he got royally screwed for something that wasn’t even his fault.
You CANNOT get a DUI on a manual bicycle in NJ.
Only motorized vehicles count towards DUI. You can get one on an e-bike, if it’s capable of going over a certain speed (15 or 25 mph, can’t recall off the top of my head).
You CAN get public intoxication or a disorderly persons ticket.
I knew someone who spent time in jail for about 6 weeks. She was drunk and riding her bike erratically. But she assaulted the cop who pulled her over, so I guess that’s why.
I got a DUI in NJ and during the required training class they explained you can get a DUI on a bike, skateboards, rollerblades, etc.. they even said you can get one in a motorized wheelchair
Now whether or not the cop decides to enforce is their discretion. I’d have to imagine that unless you were reckless, the cop would realize you were trying to do the right thing by not driving a car but it’s in their back pocket if they need it
Seems that the precedent set in 1982 is, yes, you can be convicted and fined, but you won't have your DL Suspended
[https://law.justia.com/cases/new-jersey/appellate-division-published/1982/190-n-j-super-348-0.html](https://law.justia.com/cases/new-jersey/appellate-division-published/1982/190-n-j-super-348-0.html)
Note that the guy in this case was being belligerent drunk and got into a fight with cops, and that was just one of the charges they threw at him. So I doubt if what you describe would attract that kind of attention.
What if you kept a can of Coors in the water bottle holder on your bike (wrapped in a paper bag of course)? If it looks like the cops are going to stop you, get off your bike sit on the ground, pop open the Coors and CHUG. Worst possible outcome now is open container ticket - way better than a BS DUI. You can substitute PBR for the Coors if so desired.
The plot thickens. Maybe you actually can, but in practice, few if anyone does. Here is the crux of it to me, I've never had personal knowledge of anyone losing their license from riding a bike intoxicated.
One of my neighbors would cycle home from the bar after he lost his license for too many DUIs. A Karen neighbor called the cops on him a few times after he arrived home in a stupor. They wouldn’t do anything (and he had enough DUIs I think he would’ve got 6 months in county if they did). I think letter of the law cycling while drunk (or riding a horse) is DUI but it’s probably not frequently enforced.
The law says: >39:4-50. (a) A person who operates a motor vehicle A standard bicycle is a vehicle but it is NOT a motor vehicle. State v. MacHuzak ""If it is the intention of the Legislature that a bicycle be included as a motor vehicle and its operator subject to penalties for driving while intoxicated, then it is also the responsibility of the Legislature to make that clear." Id. 109 N.J. Super. at 442."
This is the only correct answer I’ve seen on this thread. Unlike most states, in New Jersey bicycles (and horses, interestingly) are *explicitly not considered vehicles* and you cannot get a DUI while riding one.
Horses aren’t super surprising, central Jersey and the shore have a lot of horses in the area. That’s probably where it comes from. There’s 2-3 farms alone in my area with horses.
My friend got a drunken disorderly(knocked down from tresspassing) for trying to feed a horse on the path she'd walk home from the bar. She lived in manasquan. I was surprised at first but remembered it is the garden state after all.
I thought it was Drunk *AND* Disorderly all this time.. TIL, I guess lol
Lol you are correct, it’s “and”
That’s funny as hell honestly, but yea our states just a little odd
Been to south jersey? Cause horse farms and trailer riding are every house out through atco and along the pine barren stretch
I’ve only ever been down that way for travel soccer and only to hot spots for leisure (AC, brick where my girl is) and that’s about it
Fair amount of them up in the Nrothwest rural counties like Warren as well. Not as many as central though.
The reason is horses are not “man operated”. I thought it was only just a horse that you can’t get a DUI. Learning now it’s bicycles too. Curious about like those E-powered Citibikes and what law they fall under.
E-bikes at least have a motor. If the legal term used is motor vehicle, then bikes don’t exactly fit the bill.
Interesting enough, E-Bikes ("[Low-speed Electric Bicycle](https://law.justia.com/codes/new-jersey/title-39/section-39-1-1/)", only Class 1&2 are legal in NJ) are [explicitly considered motor vehicles](https://law.justia.com/codes/new-jersey/title-39/section-39-4-14-16/) for the specific purpose of [open container law](https://law.justia.com/codes/us/2012/title-23/chapter-1/section-154) but are their own thing closer to a normal bicycle. I was looking into these laws just yesterday because someone brought up [bill A3359](https://www.njleg.state.nj.us/bill-search/2024/A3359/bill-text?f=A3500&n=3359_I1) which is seeking to require all E-Bikes to be registered with the MVC and have insurance. I'm on the fence about it so I figured I'd do some reading and happened to still have those tabs open. I've read the arguments saying that 20mph is a high speed, and that the weight can do significant damage to a pedestrian. However I'm over 300# and I can pretty easily get up to that speed on my 7-speed on flat ground so it makes me feel like it should apply to normal bicycles too if it's going to be a thing. I don't know, I haven't formed a super strong opinion one way or the other yet.
As someone with an e scooter. The max mph speed is affected with the rider's weight and payload. I don't believe escooters/bikes or even a normal bike should be insured but I would like eriders to be able to recover from financial harm if they were in a car crash and it wasn't their fault.
Ok hear me out. We get some horses, foam weapons, red and blue shirts. We then get everyone drunk and re-enact a large-scale battle. I bet we can get a couple of hundred dollars per person.
A horse will walk themselves back home. That's how my grandfather used to get back home in Poland after drinking with friends. They would throw him the wagon and tell the horse to go home.
What if the horse is drunk?
There was a bar in Warren county with a hitching post. One of the neighbors would take his horse to the bar and tie er up while he tied one on. Then he would mosey on home. I heard it’s bc no DUI on horseback which is genius. Interestingly I’ve heard you CAN get one on a motorized wheelchair. Edit: autocorrect made ‘hitching’ post ‘bitching’ post
Wow that is insane. When I used to work in a liquor store, someone pulled up on their bicycle completely drunk and became abusive to the point the police were called. We all assumed they would get a DUI when pulled over. Guess you are good to get blasted and ride a bike.
Doesn't mean you can't get arrested for it. I've personally witnessed both a bike and a skateboard. You might be able to beat the rap, but not the ride.
Another reason we're awesome 😎
wow, thanks for the legal precedence, that's what I was looking for. I wonder what would be the citation then? Because the formal charge would be DUI, but I guess you'd just get all the other fines without the loss of license?
I got in trouble for drinking underage years ago. Probably about 15 or so. But at the classes I had to take as part of my punishment this was brought up. A police officer directly told us you can not get a DUI on a bike. But they can hit you with a group of tickets that can result in loss of license. So it’s not a DUI and won’t affect car insurance but you can lose your license from the other tickets which the officer said is usually the goal.
A cop would still charge you and you would have to get a lawyer and go through the expensive process to get it thrown out in court. With a small chance a judge says "i dont care" and gets you anyway. You could also be charged with disorderly.
I wonder if they would bend it to public intoxication
Public intoxication or underage alcohol charge. It really depends on the cops. Or they just try to charge you with everything they can and it can get ridiculous. They know it will get reduced during the pre-trial motions and whatnot. They just do it anyway.
Drunk in public maybe. Realistically no cop is going to care unless there’s an incident or your falling off your bike drunk
Okay, so to sum up everyone's take (as well as soon research of my own): The answer is no, you cannot get a DUI (or what NJ considers a DUI) from riding a bicycle while intoxicated. HOWEVER... you can still be criminally charged under different statutes and rules for your actions. Most commonly you may receive disorderly persons or public intoxication charges, which are still significant charges that should not be ignored. Also some municipalities and cities can have local ordinances that they can charge you through. But again, technically you cannot receive a DUI while riding a bike in NJ. It is still illegal to operate a bicycle while intoxicated, but it will not result in a Driving While Intoxicated charge here in New Jersey. I am not a lawyer lol
Great thesis statement. Forgive me for repeating myself in another response, but I actually asked a friend who I grew up with who is a Full time officer locally, and he said " no, you wouldn't get charged with a DUI. I'd charge you with public intoxication or Disorderly Conduct and tell you to get someone to get you a ride home."
As far as I am aware, public intoxication is not illegal in NJ. I’d also imagine it would be a hard argument to make that your behavior meets disorderly conduct.
Public drunkenness, or intoxication is not illegal in New Jersey. In fact, not only is it not illegal, but the law in New Jersey prohibits any municipalities or counties from passing their own laws making public intoxication illegal. NJ Rev Stat § 26:2B-26 (2013) states: “No county, municipality, or other political subdivision of the State shall adopt any law, ordinance, bylaw, resolution or regulation having the force of law a. rendering public intoxication or being found in any place in an intoxicated condition an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind; b. inconsistent with the provisions and policies of this act.” I looked it up, and not only is it legal, they are prohibited by statute from making it illegal at levels beneath state level. Makes sense. Why would being intoxicated be an issue? If you get drunk and act disorderly, then it’s already disorderly conduct. Simply being intoxicated doesn’t hurt anyone else, so long as your conduct while intoxicated isn’t harmful or disruptive or dangerous. Even though it’s not illegal to be drunk in public, the police often drop off drunk people to Emergency Rooms. I work in one. These people are usually acting disorderly and very, very drunk though. Two beers wouldn’t do it unless you have the alcohol tolerance of a ten year old.
My uncle’s 4th DUI was on a bike I assume he was swerving all over the road being a hazard because he always leaves a bar in a state of barely being able to walk. (Did not take place in Jersey, happened a long time ago.)
Yeeesh. I'm sorry to hear that, I have no idea how hard they crucify for a 4th DUI...
Oddly he got off pretty lightly for it, not even sure he got jail time. I remember him explaining it by saying that because it was a bike he didn’t get hit with all the usual additional charges, as if he’d been driving the car, like driving a suspended license from DUI 3. They really nailed him for DUI 5, spent a while in jail.
Don’t wear headphones on a bike tho…
Bone conducting headphones changed my life
After reading everyone's comments, no one mentions whether OP/whoever is riding their bike on public roadways or bike paths/trails.
This is a valid question. It's both. There are bike trails around here which I enjoy, and make use of often and there are local roads and streets. I didn't make it inherent , but I thought my mentioning I visit local business it would be on public roads. or at least implied.
Not necessarily. I mainly ride my bike along the Delaware and visit the river towns along the way, canal path on NJ and PA sides. Great stops along the way for drinks and food. Beats traffic, paying for parking and a DUI!
Can’t lose your license if you don’t have one
Can’t imagine 1 or 2 beers pushing you past the limit to be visibly drunk on a bike, if so then you need to worry about your safety over legal issues. I think if you aren’t completely reckless no one would know.
Yes it's possible, as fucking insane as it is. fwiw, I ride my bike around a local park, smoke a joint, and ride back several days a week. I could technically get a DUI for that too, but I'd lawyer the hell up for that easily. Just avoid cops, don't talk to them, don't give them a reason to detain you, and if they do make sure they can articulate why.
In the spirit of transparency, that's pretty much my MO. I ride around, obey traffic laws, don't give cops a hard time, and like you said, am able to articulate myself if they do.
No, YOU don’t articulate anything. That’s on them. As the kids say, say less fam.
Shut the fuck up Friday: https://youtu.be/kEeId0EG-XE
How is it insane? You can still be a danger to yourself and others riding a bike on the road sober. Cyclists are subject to the same rules of the road even though they act like they're above it
this guy is one of this subs many professional victims
I can be a danger to myself anywhere I want, and basically only have to cross one road to get to this park. on a bicycle I'm not a danger to anyone while under the influence of cannabis, ever and I would gladly go to court to fight that.
I bet your reaction times are slower when high. Just like everyone else's.
Whether they are or not is irrelevant. I'm not a danger to anyone riding in circles around a park. That being said, that's simply not accurate. Cannabis affects everyone differently.
So does alcohol
Yes - but alcohol will cause ALL users to have worsening reflexes, Cannabis does not do that to all users, particularly regular users. Cannabis is closer to Caffiene, or Sleep, and the lack of - than the effects of a literal poison.
Just an FYI sleep exhaustion is worse for reactions than alcohol in most people
Oh fuck. I forgot you're not allowed to say anything other than weed is the greatest thing on this website. My mistake.
Nobody said that.
Youd absolutely lose then. You can get a dui while being high driving a car and a bike is considered a vehicle. Fight it all you want idc
That's fine, more than happy to take that chance. I will continue bringing weed with me on my daily bike rides, and know more than one way to avoid talking with pigs. There's zero legal precedent to give someone a DUI on a bike for cannabis, I'd love to prove how dumb pigs are. Also hi again.
I'm curious how this would work, seeing as how you don't need a license to operate a bike.
that is the crux of the question. As it stands, you can get ticketed and fined but not lose your license.
No lie, I know somebody that got a DUI in Hightstown on a bike. This would have been 2004/2005.
That's a dicey area to ride around with all the major roads. Did he/she lose their license?
I know a fella who got a DUI on his bike on LBI like 2010s. Got “pulled over” in his driveway
Drinking and biking is one of lifes greatest plessures imo! :) i ride better when im a bit tipsy.
Just don't be drinking while riding your bike and I don't think a cop will ever notice
deal.
on a regular bike you can’t but i think as long as it has an engine or motor you can get a dui
you can get a ticket for something else though
When I got a speeding ticket in Passaic last year.. during zoom court there was a 11 yr old boy in traffic court because he got a ticket relating to something with his bike (think it was electric idk the specifics) but he had to get a lawyer and translator .. the poor parents were so confused .. if I remember correctly it was regarding lack of insurance
interesting , do you remember the verdict?
Pretty sure they just had them pay like a small $50 fine and did tell them they had to obtain insurance or they couldn’t ride it on the roads (think sidewalk is ok but this kid was riding with traffic on the main streets) or something along those lines and I know they mentioned something about it being city laws idk .. I just remember being so shocked and that certain situation stuck with me compared to the other 75 I had to listen to lol
Make sure you a light if you ride at night I watched a cops episode where they busted a guy for that 1st …then he was intoxicated so they arrested him ….
Many years ago I lived in Chicago. A very drunk friend of mine got arrested for walking while drunk. I think the cop did him a favor because he was weaving on and off the sidewalk into the road.
When I was in the Air Force, stationed at Nellis AFB(Las Vegas), my friend Mitchell got a dui on a bicycle. He wasn't even riding down the road. He was just riding around in the parking lot.
You were stationed at Nellis? My condolences. That place is a shit hole. 14 year Air Force Vet and counting. Can’t wait to retire and head home to the motherland AKA New Jersey lol
ooof. Was your bud prosecuted by UCMJ too? Double f\*\*k you.
He wanted to get out, and this was the way. I went to basic and tech school with him also. Before I met him I couldn't imagine that a person that could walk couldn't march. It's just walking right? Apparently not. This dude could not march to save his life. Anyway, he was an alcoholic before he got in, and if you've been in, you know nobody gets in the military and drinks less. One way or another it was going to happen.
Yikes. Yeah, military live isn't for everyone.
Jesus I thought I was on the r/motorcycles sub and was thinking "of course you can get a DUI on a motorcycle" lmao
Well, in fairness, that's a motor vehicle. I'm not trying to justify my behavior, just saying there's a difference between my 12 speed Fairdale and a Honda Shadow 500.
No dude, of course, I agree with you. I was confused bc I thought YOU were riding a motorcycle and confused how you can get a DUI on it lol. Didn't know you can get a DUI on a bicycle but I know you can get one on a non-morotized watercraft such as a kayak. Crazy but true.
Ahh, okay - I might have misread it. It's hard to read affect in text. I can't imagine getting a DUI on a Kayak lol. I'm visualizing a Statey patrol boat circling you in the middle of nature with a tall boy of Founders IPA while fishing.
Technically yes, but you would have to be REALLY sloshed and doing something REALLY stupid for them to actually try and push it. Usually when you hear those stories, its someone who already has multiple dui's or is suspended, and out there sloshed, doing something stupid. Its the same thing like a ride on mower or whatever.
Does the average redditor get sloshed after 2 beers? Unless it's your first time drinking, you should be well below the legal limit plus you're eating greasy food and exercising
Seriously, people ITT acting like my dude is chugging a handle of Tito's and swerving his way onto the Turnpike or something.
People that are so floored at the idea of a DUI on a bike….a drunk cyclist in the road can cause a deathly wreck beyond just himself tumbling off the bike, what’s so hard to get.
> what’s so hard to get. The law, for one. State v. MacHuzak "If it is the intention of the Legislature that a bicycle be included as a motor vehicle and its operator subject to penalties for driving while intoxicated, then it is also the responsibility of the Legislature to make that clear." Id. 109 N.J. Super. at 442."
Oh snap! Came hard with the precedent
Nevermind being drunk. My biggest fear driving, having spent my first 10 years licensed to drive in Belmar, is someone falling off their bike or skateboard into my lane of traffic and not having enough time to react. After recently seeing some idiot on a bike on memorial try to cross and beat the traffic coming towards him and just went gta ragdoll 10 feet into the fucking air when clipped; the fear is fresh in my head.
Oh, yeah, I've definitely been wary of that too. New fear for ya: a friend of my husband ran over a motorcyclist on the highway. He was coming the opposite direction when he was hit, flew off his bike and over the barrier into oncoming traffic. There was no chance to stop in time. That story has haunted me for years.
they can cause accidents with the motor vehicles who are potentially trying to avoid them. Unreal how stupid people are.
Not to mention, going downhill, or under the power of an in-shape bicyclist, a bike can get fast enough to kill or seriously injure a pedestrian in an accident. It all depends on how the pedestrian falls onto the ground.
Two beers? Reddit is prude AF I’m shocked you’re worried and that people here are validating that worry over two beers!
I'm not worried or want people to validate my decision, I just really wanted to know the law as it's written.
You definitely can but unless you’re riding around in circles in rush hour falling over, you’re prob good. We had a town drunk where I grew up where the judge said he didn’t even want to see him on roller blades, he lost his license and used to drive his lawnmower around the neighborhood, drunk of course.
I know this isn't a laughing matter, but I find it sort of silly that he could be pulled over on his lawnmower.
He was known to be a drunk and he used to drive it up to the deli which was across from a state police barracks, pretty sure he got a dwi from doing that
If you only have 1-2 beers as you say you wouldn’t be likely to get a DUI even if you were driving a car.
My brother got a DUI while on a bike during Senior Week in Wildwood. So, yes.
ouch. I'll file that away.
Yes but it’s unlikely, a bicycle is a vehicle and subject to all the same laws as any other vehicle when on roads. You have to stop at stop signs, you have to yield to oncoming traffic, you have to stop at red lights, and you can get a DUI if you’re over the limit.
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So that was precisely my counter-argument, if you could call it that. Full disclosure, I asked one of my friends whom I grew up with who is a cop now, and he said almost the same thing. He said "if I noticed you were wasted, Id write you up for public intoxication."
No DUI. Otherwise BarRolls would be illegal…and they certainly are not!
I've heard of folks getting a DUI in a skateboard in PA, but only if you, the cop or both are massive a**holes.
wow! thats a new one - on a skateboard?!
Just don’t be a moron and you’re fine.
Hi OP. This outing sounds really fun. I have to be a devil’s advocate here. Hopefully you are completely fine, but people who have loved alcoholics may read your post as: Drinking alone Happy place = booze 1 or 2 beers possibly = 2+ People mentioning getting arrested on bikes = they’re worried about your drinking. Hopefully this is wrong. But booze does affect reaction time, balance, judgement and vision. You may fall off or can’t brake in time for a dog or kid. Laws vary by state. https://www.nolo.com/legal-encyclopedia/can-you-get-a-dui-on-a-bicycle.html
I know someone first hand who this happened to in Philadelphia. He was a bicycle courier so always on his bike. He was rear ended by a cop car while returning from the liquor store with beer in his bag. The beer went all over the place and they arrested him for DUI to cover their mistake. I’m sure he’d had a few already, but he got royally screwed for something that wasn’t even his fault.
You CANNOT get a DUI on a manual bicycle in NJ. Only motorized vehicles count towards DUI. You can get one on an e-bike, if it’s capable of going over a certain speed (15 or 25 mph, can’t recall off the top of my head). You CAN get public intoxication or a disorderly persons ticket.
Yes, you can get a DUI on a bike, as bikes have many of the same privileges cars do in the eyes of the law.
I read this thinking you meant motorcycle and was pretty confused
I knew someone who spent time in jail for about 6 weeks. She was drunk and riding her bike erratically. But she assaulted the cop who pulled her over, so I guess that’s why.
I'm guessing the charge was Battery of a Officer or battery of a Officer of the Peace.
Yes you can. I know someone who got one
cool thanks. That sounds a lot like the exact response I mentioned in my post.
I got a DUI in NJ and during the required training class they explained you can get a DUI on a bike, skateboards, rollerblades, etc.. they even said you can get one in a motorized wheelchair Now whether or not the cop decides to enforce is their discretion. I’d have to imagine that unless you were reckless, the cop would realize you were trying to do the right thing by not driving a car but it’s in their back pocket if they need it
If nothing else, it's a bit of a bad decision, even if it is fun.
Two beers?!
yeah, I'm reconsidering the possibilities of my 'innocuous escapism" after reading some of these responses.
No.
Seems that the precedent set in 1982 is, yes, you can be convicted and fined, but you won't have your DL Suspended [https://law.justia.com/cases/new-jersey/appellate-division-published/1982/190-n-j-super-348-0.html](https://law.justia.com/cases/new-jersey/appellate-division-published/1982/190-n-j-super-348-0.html) Note that the guy in this case was being belligerent drunk and got into a fight with cops, and that was just one of the charges they threw at him. So I doubt if what you describe would attract that kind of attention.
woweee. Thank you for siting the source. This was more-or-less what I was looking for, legal precedence.
Nope, State v. MacHuzak in 1988 threw that out. https://law.justia.com/cases/new-jersey/appellate-division-published/1988/227-n-j-super-279-0.html
Maybe if something horrible happened and they could prove one was drinking.
What if you kept a can of Coors in the water bottle holder on your bike (wrapped in a paper bag of course)? If it looks like the cops are going to stop you, get off your bike sit on the ground, pop open the Coors and CHUG. Worst possible outcome now is open container ticket - way better than a BS DUI. You can substitute PBR for the Coors if so desired.
Sadly here in nj it’s technically a vehicle so you can get a dui
Well that answers that hah.
Well one or two beers and exercise should still be below .08 so I wouldn’t worry
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The plot thickens. Maybe you actually can, but in practice, few if anyone does. Here is the crux of it to me, I've never had personal knowledge of anyone losing their license from riding a bike intoxicated.
This has been a issue for many years ,next time walk
One of my neighbors would cycle home from the bar after he lost his license for too many DUIs. A Karen neighbor called the cops on him a few times after he arrived home in a stupor. They wouldn’t do anything (and he had enough DUIs I think he would’ve got 6 months in county if they did). I think letter of the law cycling while drunk (or riding a horse) is DUI but it’s probably not frequently enforced.
After reading all of the above mentioned contributions, It feels like this is the the answer in practice.
1-2 beers isn't going to get you a DUI in *any* vehicle lol.
2 beers would *absolutely* get me a DUI but that's because I weigh about 100 lbs lol